Has the Chief Medical Examiner recommended inquiry?

Sue's Blog has already written on Justice Minister's apparent ignorance of the law. King claimed it was up to him to call an inquiry under the Public Inquiries Act. He was wrong.

King however can call an inquiry - all on his own under the Fatalities Investigation Act.

This was the Act used for the call of a Judicial Inquiry into the deaths of Norman Reid and Darryl Power.

This type of inquiry considers the findings of the Chief Medical Examiner into a death or deaths.

Has the province's Chief Medical Examiner concluded his investigation into the death of Don Dunphy? Has that report been received by government? Has the report been received by the RCMP?

What does the report say? When will it be released?

Has Minister King reviewed the report?

Has any of the following occurred under the Fatalities Investigation Act?

Recommendation to the minister

      25. (1) Where the Chief Medical Examiner is of the view that it is necessary for the protection of the public interest or in the interest of public safety that an inquiry be held regarding one or more deaths that occurred under a circumstance referred to in section 5, 6, 7 or 8, he or she may recommend to the minister that a public inquiry be held.

         (1.1)  The committee may, either in the course of a review under this Act or on completion of a review, where the committee is of the view that it is necessary for the protection of the public interest or in the interest of public safety, recommend to the minister that a public inquiry be held.

             (2)  A recommendation under this section shall be in writing and be accompanied by all reports, documents and certificates that may be relevant to the death.

Powers and duties of minister

      26. Where the minister receives

             (a)  a recommendation by the Chief Medical Examiner under subsection 25(1); or

             (b)  a recommendation by the committee under subsection 25(1.1)

and the minister is satisfied that an inquiry is necessary for the protection of the public interest or in the interest of public safety, the minister may order that a judge conduct an inquiry and the inquiry shall be conducted within the parameters set out in Part IV of the Provincial Offences Act .

So Mr. King - you can call an inquiry - all on yor own - under the Fatalities Investigation Act. You should really take the time to understand the laws your department are responsble for.

Darin King - shed the Political cloak

Since the death of Mr. Don Dunphy - many people in the public have been asking for an inquiry.

Today - our Justice Minister Darin King had a response to that. CBC Story

I have no issue with Minister King waiting for the investigation to be over before an inquiry is called.
 
I have a real issue with the Minister saying, "I think it will be much too early to predetermine whether in fact there will be another inquiry called," and "I will want to see the current, ongoing investigation unfold and see what the results are,".

The investigation into the event is a justice issue. It seeks to determine what took place and if any charges should be laid in connection with the event.

There is no doubt that for the family this process is very important and they will - according to their lawyer - make decisions regarding any potential civil legal action after the investigation has concluded.

The Inquiry though is a different matter altogether. The public confidence has already been shaken to the core and there is evidence that people may have lost faith in public institutions or bodies. Further as the protocols for protection of elected officials forms one component of the event - it already meets the need for an inquiry to be called.

I can imagine no outcome of the investigation that would cause me to lose interest in holding an inquiry.

Minister King should know that as important as insuring the family of the deceased and the officer  have the benefit of justice - society as a whole must move forward progressively to achieve better policies, protocols, and outcomes.

One of the best summations of what a judicial inquiry or inquest is may be found on the website of Toronto law firm - Paliare and Roland,

It states:

Public or judicial inquiries are called by the municipal, provincial or federal government to review events that cause public concern or outcry. Unlike a trial, the inquiry process is investigative, rather than adversarial – its purpose is to review those events, in order to determine what happened and why, and most importantly, how to prevent them from ever happening again.

If one is looking for a more in depth look at inquiries - I recommend "Some Observations on Public Inquiries" written by the Honourable Dennis O'Connor, former Chief Justice - Ontario Court of Appeal. 

Despite the judgement cast upon those of us in the public who are vocal in our concerns - by some traditional media and politicians - most of us are genuinely concerned about all the events leading to the death of Don Dunphy and want to ensure this type of tragedy never happens again.

Minister King should remove his usual partisan political cloak and don instead the cloak of duty - his office demands. Right now the Minister needs to eliminate any hint of politics and instead forge ahead to find answers and solutions. If the Minister is fearful that such an inquiry may intrude into the Premier's office - he must rid himself of those concerns and understand he is a representative of  the people not the Premier. Is the problem that he cannot convince his Cabinet colleagues?

Now is a really good time to announce that the government of which you are a part will call a judicial inquiry after the investigation is completed. Now is a really good time to make the necessary preparations for this to occur.

Hello - are you out there media?

Leaks - partial information - one-sided declarations - are present in the reporting - regarding the death of Mr. Don Dunphy.

There has been much debate over what should be released or answered now and what should wait until the "investigation" is complete.

How about this - journalists of Newfoundland and Labrador - will you please provide the citizenry of our province with factual information that is helpful.

1. In Canada - has a police officer shot and killed a person in their own home?

2. If so - was the police officer alone?

3. In Canada - has a police officer shot and killed a person in their own home under circumstances where a single officer was simply conducting a voluntary questioning?

4. In Canada - has a person been shot and killed by a police officer in their own home following a "perceived" threat on any social media site?

5. In Canada - has a person been shot and killed by a police officers in their own home - where the only officer present was in the ordinary jurisdiction of another police force?

6. In Canada - how many times has a person been killed by a police officer in their own home following "proactive" and not "reactive" policing.

7. In all cases - if any exist - what was the follow-up to the event. Was there an inquest or inquiry? 

8. Many provinces in Canada have a special investigations unit that is separate from police - do we have one?

Determining that this situation is unique is very helpful in determining what procedures are needed to give the fatal incident a thorough vetting. In the event it is not unique - applying processes used for other similar events.

It is also important that we work as a society to prevent this from ever occurring again.